From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Time of sale of residence for purposes of exemption of proceeds. Under applicable Minnesota law, a sale of the debtor’s residential real property occurred at execution of the contract for deed, triggering the state’s one-year limit on exemption of sale proceeds. The debtor had moved from Minnesota to Wisconsin a year before filing Chapter 7, making Minnesota’s homestead applicable. The debtor had entered into a land contract, or contract for deed, with the buyer acquiring equitable title, when the contract was executed and the seller . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

boltz2
October 13, 2024
While this article actually looks at Chapter 11 trustees, there are implications for 13 trustees here as well.
June 13, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...
Members
rapoport26
February 18, 2024
This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?
Members
November 14, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) The automatic stay does not require a creditor pursuing a prepetition nonbankruptcy court action to dismiss that action once a bankruptcy case is filed; requesting continuances and attending status conferences do not constitute “continuation” of the prepetition action for purposes of the automatic stay....
Members
October 20, 2019
By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...
Members
February 14, 2021
By Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont I think it was in junior high school when I first started wearing glasses. I remember not liking the idea of having to wear glasses. I thought I could see just fine. As far as I knew, I was seeing what I needed to see. But I also...
gustafson2
In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: United Savings Association of Texas v. Timbers of Inwood Forest Associates; Citizens Bank of Maryland v. Strumpf; Grogan v. Garner; and Ron Pair.
Members
HG Linkedin Photo
May 3, 2026
Household size isn’t just a headcount—it’s the battleground where disposable income is won or lost. Trustee Lon Jenkin’s intern brings readers an excellent dissection of how to determine household size.
Members
grossman
November 24, 2024
The Honorable Robert E. Grossman of the Eastern District of New York has announced his retirement effective June 1 of next year.
Copy of Hildebrand-2016
August 7, 2022
Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition (by way of adoption). (Hagenau) In re Karen Mitchell-Smith, 2022 WL 2195466 (Bankr. N.D. Ga. June 17, 2022) Case Summary Sometime in 2021, Henry County Animal Control took possession of 36 cats that...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: